1st January 1855
Reference Numbert18550101-218
VerdictGuilty > with recommendation

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218. EMANUEL BARTHELEMY was indicted for the wilful murder of Charles Collard.

MESSRS. BODKIN and CLERK conducted the Prosecution. CHARLOTTE BENNETT. I was servant to Mr. George Moore in Dec. last. He resided at No. 73, Warren-street, Fitzroy-square—he was a soda water manufacturer—he was at home on the evening of 8th Dec. last—Mr. Moore, myself, and his grandson, who is eight years of age, resided in the house—there was nobody else in the house besides Mr. Moore, his grandson, and myself, about half past 8 o'clock, on the evening of 8th Dec.—about that time I heard a knock at the front door, and a ring at the bell—I opened the door, and it was the prisoner, in company with a female—I had seen the prisoner before, when he came to repair the engine—I could not distinguish the features of the female—the prisoner asked if Mr. Moore was at home—I told him that he was—he was in the back parlour—I showed the prisoner into that room—he and the female both walked in—I do not know whether the door of the room was closed after they went in—I went up stairs directly after they went in—about ten minutes afterwards my attention was attracted by a noise in that room—upon that I came down stairs, and saw the prisoner, and the young woman next, and Mr. Moore next, all coming out of the parlour into the passage—I was then two or three stairs up from the passage, coming down the stairs—they had not all three come out into the passage when I first saw them; they were coming out of the room—Mr. Moore was not doing anything at that time—I ran to the front door with the intention of opening it—I was in the act of getting it open, when I saw a pistol in the prisoner's hand, and he put it to Mr. Moore's head—it was nearly up to Mr. Moore's head when I saw it—the prisoner was nearly close to Mr. Moore at the time—I saw the pistol fired off while it was in the prisoner's hand—I then ran out—I did not see what happened after that—I ran out into Warren-street—the prisoner ran out too after the shot was fired—there is a small iron gate beyond the house door in Warrenstreet—when I got to the house door there were some persons standing round that gate—the prisoner did not go through the gate; he ran back into the house, and bolted the door—I was left outside on the steps—I heard him bolt the door—among the persons who were outside the door at the time I was bolted out, there was one named Charles Collard—I spoke to him, and told him that I thought Mr. Moore was shot—I asked him to run round to the New-road, as I thought the man would get out the back way—he ran directly—he was a greengrocer, and lived next door; he kept a small greengrocer's shop—there is a back gate to Mr. Moore's premises, which leads out into the New-road—about an hour after I had been bolted out, I was let into the house—I do not know who it was that unbolted the door; I think it was a policeman who let me in, but I am not sure—when the door was opened I saw my master lying dead in the passage.

Cross-examined by MR. COLLIER. Q. I think you said that you had Seen the prisoner before; had he more than once come to your master's house? A. Only to repair the engine—he was employed by my master to repair the engine for manufacturing soda water—I never saw him conversing with my master upon those occasions.

COURT. Q. Had he been employed more than once? A. Yes, upon two occasions.

MR. COLLIER. Q. But he had come to the house more than twice before? A. Yes, about half a dozen times before this—my master was not present upon either of those occasions—I never saw him speak to my master.

COURT. Q. For what purpose did he come upon those other occasions? A. To repair the engine—he came twice to repair the engine, and as often as he came it was about the engine.

MR. COLLIER, Q. You say, on this evening, your master, yourself, and the child, were the only persons in the house; where was the child? A. Up stairs, in the first floor, just above where my master was—it was not in bed—the child ran down at the time I ran down, and was in the passage when this transaction took place—my master was in the back parlour when I let the prisoner and the female in—I showed them in as I showed other visitors, and then went up stairs—it was about ten minutes before I heard anything that attracted my attention—I do not think it was longer than that—it might have been somewhat longer, I cannot say—I could not see the features of the female—I had a light in my hand—that was the only light there was in the passage—it was a small tallow candle—when I came down stairs afterwards I brought down the candle—I took it to the door—I did not take it out of the door with me—I dropped it before I left the house, just as I was getting the door open—I did not put the candle to see the lock of the door to open it; I knew the lock—I do not remember which hand I had the candle in—I came down stairs in consequence of hearing a noise—it was the sound of persons scuffling—it was the sort of noise that might be produced by persons struggling together violently and upsetting a chair.

Q. How long did that struggling and scuffling go on? A. I ran down directly; I do not know how long it had been going on—I was up stairs at the time.

Q. When you opened the door, was not a crowd collected outside by the noise that had been going on inside? A. There were only two or three persons there.

Q. Was Mr. Moore pushing the prisoner in the passage? A. He had his hand up; whether he was pushing him or holding him back I cannot say—while he was doing that the prisoner was getting his pistol, I suppose—I was getting the door open then—I could not see what he was doing then.

COURT. Q. When you saw Mr. Moore holding up his hand, was he touching the prisoner at that time; did he touch him with his hand? A. I do not know at that time—I do not know what the prisoner was doing when Mr. Moore was holding up his hand; I was getting the door open.

MR. COLLIER. Q. You said that Mr. Moore's hand was up, but you could not tell whether he was pushing the prisoner or pulling him back; was there not a pushing and struggling going on in the passage? A. No, no struggling; he only had his hand up—I could not swear that Mr. Moore did not push the prisoner in the passage, because I do not know whether he was pushing him or whether he was holding him back—he had his hand upon him, and he was doing cither one or the other.

Q. At the time the pistol went off were they not shoving each other? A. I do not think they were—I could not swear that they were not—he had his hand up; it was all in a minute—the transaction was so sudden, and there was so much confusion, that I did not observe—I saw the pistol in his hand directly, as he lifted it up to Mr. Moore's head—I did not observe whether they were shoving each other or not at the time the pistol went off—that was in consequence of the confusion, and its being so sudden—I did not observe, because there was so much confusion, and the whole matter was so sudden.

COURT. Q. Did you distinctly see the pistol in the hand of the prisoner? A. Yes, I did; I saw him holding it up to the head of Mr. Moore—it was nearly up to his head.

MR. COLLIER. Q. You say he had the pistol in his hand, in which hand? A. I do not know—he had on a coat with loose sleeves—it was not a large cloak—it was a large great coat with loose sleeves—at the time he had the pistol in his hand it went off immediately, as soon as I saw it—at the time it went off, I do not think that the prisoner and Mr. Moore were pushing each other about; all I saw was Mr. Moore's hand up.

COURT. Q. When the pistol went off, how were they standing? A. Mr. Moore had his hand up.

MR. COLLIER. Q. Is that the occasion you spoke of just now, when you said he had his hand upon him, and was pushing him or pulling him back? A. That was the time.

COURT. Q. Do you mean that was the time when the pistol went off? A. Mr. Moore had his hand up; that was the time I spoke of when I said his hand was up—I saw Mr. Moore's hand touch the prisoner, upon his shoulder.

MR. COLLIER. Q. Was that the time that the pistol went off? A. Yes—I have not said that they were shoving each other when the pistol went off.

(MR. COLLIER proposed to put the witness's depositions into her hand, for the purpose of refreshing her memory, and then to ask her whether or not such was the fact. He did not intend to use the depositions as evidence, or in order to prove a contradiction, but merely to call her attention to a fact; this course had been permitted by many Judges, and he apprehended he was entitled to take it. MR. BODKIN contended that it would be an indirect mode of doing that for which a direct course had been provided. LORD CAMPBELL was of opinion that the course proposed could not be adopted. This was a question which had frequently arisen; and in a recent case, reserved for the Court of Criminal Appeal (Reg. v. Ford, 2nd Denisoris Crown Cases, p. 245), the Judges were unanimously of opinion that it could not be permitted, but that the proper course was to read the deposition to the witness, and then to cross-examine him upon it. Upon the authority of that solemn decision, he, with the concurrence of MR. JUSTICE CROWDER, must refuse the application.)

Q. When you went out at the door, about how many persons did you see; you said you saw Collard? A. Yes; about three, I said—I went out directly the pistol was fired—the persons I saw outside were not inside the railings; they were in the street, close to the gate—they were standing; Collard was, I know—I do not know whether the others were passing at the time—at the time I spoke to Collard, he did not tell me what he had come there for—neither Collard nor anybody in his presence said they had come there in consequence of hearing the noise and scuffling in the house—I did not ask any of them what they had come for—they did not say anything about having come to the door in consequence of hearing the scuffling

going on inside the house—they did not say, "What is the matter?" or anything to that effect—I have never said to anybody, that when I went out there was a crowd collected outside the door.

MR. BODKIN. Q. You have said that you could not distinguish the features of the female? A. No; she had a fall, or veil, over her face—I recognised the features of the prisoner, at once, as those of a person I had seen before—when I came down stairs, bringing the light in my hand, I went to the door as fast as I could—I brought the light down in my hand—the door of the back parlour was open—there was a light in that room—when I first went to the door, I did not succeed in opening it directly—the prisoner put his hand before my mouth—I was then close to the door—it was directly after that that the pistol was fired—it was all done in a minute—I did not open the door until after the pistol was fired—I was opening it at the time it was fired—I do not know whether my candle was still burning when the pistol was fired, but there was a light shone in from the street, through the fan light over the street door—I am not sure whether my candle went out or not; I know I dropped it—I dropped it inside, close against the door—when the prisoner put his hand over my mouth, his face was towards the door—when the pistol was fired, his face was looking towards Mr. Moore, towards the staircase—(the witness was here directed to describe the way in which the prisoner held his arm when the pistol was discharged)—it was held in that position (slightly raised), up to Mr. Moore's head—both arms, I think, were up—I saw the pistol—the pistol did not make a very loud report—I do not know whether it was loud enough to be heard outside—I did not see anything in either of Mr. Moore's hands—from the time they came out of the room until the pistol was fired, no blow was struck by anybody.

RICHARD CHECKLEY (police inspector; E). I knew the deceased Charles Collard, he was in the police force for some time—on the night of 8th Dec., about 10 o'clock, I went to the University Hospital, and saw him in bed there—he made a statement to me, after being told by the surgeon in my presence that he was dying—I took down what he said in writing, I produced it at the Police Court—it is attached to the depositions—this is the statement (produced), it is in my writing—(the COURT considered that the statement could not be read, until it was proved that the man had received a mortal wound)—on the following day the prisoner was brought into the room where Collard was at the hospital, and I asked Collard to make a statement to me with reference to his being shot; he then repeated what he had said before—I read to him in the prisoner's presence the statement which he had made the day before, and when I had read it he looked at the prisoner and said, "That is the man who shot me"—he did not point to him, he was too weak—the prisoner made no observation whatever—Collard also said to him, "Oh, you cruel man;" he made no observation upon that.

Cross-examined by MR. COLLIER. Q. You went into the house in Warren-street, No. 73? A. Yes; on the night of the murder—the door of the inner parlour is twenty-six feet from the street door—I measured it.

HENRY KIALLMARK . I am house surgeon at the University Hospital. On Friday evening, 8th Dec, about a quarter to 9 o'clock, Charles Collard was brought there—he had been shot through the belly; the ball was lodging in the back, on the left of the spine, about a quarter of an inch from the surface—I cut down upon it. and removed it—it was then in my judgment

a fatal wound, and he was told so, not by me, but Mr. Erichsen, the surgeon—to the best of my recollection, the expression he used was, "My good man, you are in a dying state"—I was present next day, when the prisoner was brought to the bedside of Collard; Collard was perfectly sensible at that time; Checkley read over in the prisoner's presence the statement that he had taken down the night before, and Collard said that it was correct—Collard saw the prisoner and said, "That is the man that shot me;" and he also said, "Oh, you cruel man," addressing the prisoner—the prisoner said nothing.

JOHN ERICHSEN . I am surgeon to the University College Hospital. I saw the deceased Charles Collard, about half an hour after his admission—I have heard the wound described, it was from a pistol bullet apparently, and was a fatal wound—I told him that I considered him in a dying state—nothing occurred to alter that opinion—he lived as nearly as possible twenty-four hours after he was brought in, and then died of the wound that he had received.

Cross-examined by MR. COLLIER. Q. About what time in the night was this deposition taken? A. About 10 o'clock on the Friday night—as far as I recollect, the whole of this statement was made at that time, with the exception of the words, "The man who I now see is him who shot me;" that was not made at the time.

MR. COLLIER to RICHARD CHECKLEY. Q. I wish to ask you whether this statement of Collard was made at 10 o'clock on Friday night? A. Yes; all except that which refers to the presence of the prisoner.

MR. CLERK. Q. Was the statement read over in the presence of the prisoner with that addition, or before that addition was made? A. With that addition—this mark was made by Collard on the evening of the 8th.

(The statement was here read as follows:—"Charles Collard, of No. 14, Warren-street says:—About a quarter to 9 o'clock, p. m., this day, I heard the report of a pistol and a cry of "Murder!" at No. 73, Warren-street—I went there, and found a man attempting to escape—I prevented him—he then re-entered the house, fastened the door in Warren-street, and got out at the back—I ran into the New-road, and caught hold of him as he was getting over the wall, when he pulled a pistol from his pocket and shot me through, and I fell—the man then ran away—another man was standing near me at the time, who tried to hold the prisoner, but he got away—the man I now see is him who shot me—I have made this statement believing that I am dying. Charles Collard, his mark. ")

WILLIAM BEETLESON . I am waterman at a hackney carriage stand—I know the house in Warren-street lately in the occupation of Mr. Moore, No. 73—I was in the New-road, near the back gate of that house, on the night this matter happened—it opens into the New-road—about twenty minutes to 9 o'clock, I heard a cry of "Police!" and "Murder!"—I was then just against the lamp post, at the corner of Tottenham Court-road, just against the soup kitchen—I was between the end of Tottenham Court-road and the back entrance to Mr. Moore's—a person came towards me crying "Police!" and "Murder!" and I saw the prisoner falling from the palings, his hat fell off and bounded on the pavement—I was going towards Tottenham Court-road, and about ten yards from the gate—on hearing the noise I turned round and looked towards Mr. Moore's premises, and saw the prisoner fall over the palings on to the pavement; he alighted on his feet—Collard came from round Tottenham Court-road, and he and I took hold of the prisoner at the same time—Collard said, "For God's sake take

care, or he will shoot some one," and directly he uttered those words the pistol went off, and Collard said, "Good God, I am shot! I am murdered!" and fell on the causeway—(I did not see any pistol till afterwards)—I endeavoured to hold the prisoner, hut he turned round and dealt me a blow under the ear with a pistol, and got away from me—I wrenched from his hand this piece of cane (produced), and that is the way he extricated himself from me—it has a piece of string attached to it—I could not see whether it was round his wrist—when he got from my grasp, he went down the New-road towards Fitzroy-street; that is away from Tottenham Court-road.

Cross-examined by MR. COLLIER. Q. Do I understand you that when he came over the palings, you were coming from one side, and Collard from the other? A. Yes—we were not both equally distant from him, but Collard came quicker than I did—we both took hold of him together, as nigh as I can judge—when I took hold of him, he was upon the ground; it was immediately upon his fall—I do not know how it was that his hat fell off—he made an effort to jump down—he did not slip as he jumped down—he was getting over the palings, but I could not see whether he was jumping—the palings are about six feet high—I cannot say whether he took a clean jump down, or whether he scrambled down—I caught him on his left, and Collard on his right—I caught hold of him by his left arm—we had scarcely hold of him when the words came from Collard's mouth, and the pistol went off—he struggled with me after Collard fell—immediately we took hold of him he began to struggle—the cane was in his left hand—he had an over coat on with bell sleeves—there were people opposite and round about, but there was nobody on the premises just at the moment—at the time of the struggle some people came up; I do not know any of them—it was light at the time—there was a lamp on the other side of the street, about three or four yards from the place—it was a dark, wet night.

MR. BODKIN. Q. You say that the fence was about six feet high? A. About that—I saw him come over—he dropped on his feet.

COURT. Q. When you say that he was on the ground, do you mean that he was standing up? A. Yes—he remained on his feet all the time after he came down.

WILLIAM HENRY MADDEN . On the night of 8th Dec I was passing along the New-road, at the back of No. 73, Warren-street, at from 25 to 20 minutes to 9 o'clock—I saw a group of persons standing just outside the premises—I heard the report of a pistol, and saw the flash, and saw a man fall; he cried out, "I am shot!"—I instantly saw a person leave the group; I followed him; it was the prisoner; he ran towards Trinity Church, New-road—that is in the opposite direction to Tottenham Court-road—I came up with and grappled with him; he instantly turned round, and assaulted me with a pistol; it was in his left hand, and he struck me on my left eye and cut my eyebrow open—he struck me three times with the pistol; the first blow I warded off with my arm, the second was on my eye, and the third took the top of my ear off, all but a little bit of skin, and then he ran the muzzle into my head and cut the scalp—I retained my hold of him until the crowd came in and overpowered him—I did not see him taken by the police, but I heard a person make a charge to the police, and saw him taken away by the police—when I first saw him in that group of persons, he had a pistol in his right hand, and as soon as I grappled with him he changed it.

Cross-examined by MR. COLLIER. Q. There was a group of persons

standing by the lamp post you say? A. Yes; that was immediately behind No. 73—they were not waiting for him to come out; he must have been one of the group—I cannot say whether the group were all pressing round him, he was on the opposite side of the way—it was then that I saw the flash, and heard the report—he had the pistol by the handle.

MR. BODKIN. Q. About how many persons do you judge formed the group? A. About half a dozen—the whole width of the New-road was between us.

MR. COLLIER. Q. When you heard the report of the pistol, and saw the flash, was the prisoner in the road, or in the street? A. On the pavement.

JOHN BELL . I am a cabinet maker, of Henry-street, Hampstead-road. On 8th Dec. I was going along the New-road, on the opposite side to Mr. Moore's house—the first I heard was a cry of "Help!" and I turned my head round and saw the flash and heard the report of a pistol—I then saw the prisoner break away from another man—I could not, on the opposite side of the way, see who fired the pistol—I knew the deceased, Collard; I dealt with him; I saw him fall as soon as the pistol went off—I cannot say whether there were two or three beside the prisoner; they appeared to be all of a lump—as soon as the pistol went off, the prisoner broke away from only one man that I saw—I ran after him, and saw him strike a man two or three times—as soon as he was secured, he dropped the pistol down behind him, like this (dropping his arm)—I picked it up, and gave it to the police; this (produced) is it—it is in the same state as when I picked it up—the hammer is down (there was a discharged percussion cap remaining upon the nipple)

Cross-examined by MR. COLLIER, Q. You say that they appeared all of a lump, how many were there? A. I cannot say—I do not think there were half a dozen; I think there were about four with the prisoner—I am not at all sure that there were not other people about, there may have been.

MR. BODKIN. Q. Whatever there might have been, did you see any more? A. No; I was about ten yards from them.

JOHN MUNDY (police-sergeant, S 33). On 8th Dec, I was on duty in the New-road, about 20 minutes to 9 o'clock—I heard the report of a pistol, and saw a flash, exactly opposite the back of Mr. Moore's house, in the New-road—I was about 130 yards off; I ran there directly, and saw the prisoner running towards me—I ran across the road and met him—I saw him stopped by a man named Cope; I was about three paces off, and came up and took him into custody—there were one or two other persons round him at the time—a man named Moseley, said, "Take him in charge, he has shot a man further down"—I took him to the station, at George-street, St. Giles's—at the corner of Warren-street, he asked me if I would let him have a cab; I said "No, there is no cab allowed for you"—I searched him at the station, and found this dagger (produced), the sheath of which was sewn to the lining of his body coat—in the pocket of the same coat I found twenty-four ball cartridges which all fit the pistol produced; I have tried them—they also fit this other pistol (produced), which was given to me by Checkley—I also found a quantity of percussion caps in the same pocket, I have not tried them to the nipples of the pistols—I also found two door keys, 8 1/2 d. in money, and three cigars (produced).

DAVID LATTO (policeman, E 144). I went to Mr. Moore's house on hearing of this occurrence, about half past 8 o'clock—the person who lives next door, No. 72, got over the wall, and let me in by the front door—I saw the body of Mr. Moore lying behind the front door in the passage, on its back;

the head was towards the stairs—the feet were across the passage, about a yard from the front door—I sent directly for a medical man; Mr. Carter came, and he was found to be quite dead—I assisted in carrying the body to the back parlour, and placed it on a sofa there—there was no weapon of any kind in the passage—I found this knob of lead on the floor by the parlour door; it fits to this piece of cane, and appears to have been broken off it; part of the cane is left in the lead—there was a strong mahogany chair in the back room, not an arm chair; it was turned over and broken—this is part of it which I picked up, and which was broken off (one of the rails of the back)—I noticed blood on the wall, about the height of the head of a man who was sitting on a chair.

(MR. COLLIER wished to take the opinion of the Court, whether these facts should be gone into, as the prisoner was upon his trial for the murder of Collard, and not of Moore. The COURT considered that they were trying whether this homicide, was under such circumstances as would amount to murder or not, which could not be ascertained without this investigation.)

Q. Did you notice any blood on the floor? A. I did—I traced that blood from immediately behind the parlour door to the passage; it was at the foot of the sofa, where we placed the body—I saw that blood before the body was moved from the passage—on the table there were three bottles, one contained soda water, one lemonade, and one ginger beer; and there were three glass tumblers on the table; the corks were all drawn, and the bottles were empty—one glass had been used and was empty, the other two were half full, one with lemonade, and one with ginger beer—this corkscrew with a cork upon it (produced), was on the table; here is blood on the cork—I did not notice an iron safe in the room, nor did I find any key there.

Cross-examined by MR. COLLIER. Q. How many chairs were there in the room? A. I do not know—I did not count them—only one was overturned, and that was broken—it was a heavy chair—Mr. Mearing, the cabinet maker, let me in—he is not here—only he and I were on the premises when I went in—he had a candle—there was no light except that—but for that candle we should not have been able to see the body—there is a glass fanlight at the top of the door, but the light from that would not be enough to enable me to see the body—the head might have been a couple of yards, or perhaps a little more, from the door of the back parlour, where I found the soda water and corkscrew—I made the examination of the blood when Mr. Carter came—we made it together—the first thing we did when he came was to examine the body—the next thing was not to take the body and put it on the sofa; we examined the parlour before removing the body—when I speak of the blood marks, I speak entirely of the examination we made before removing the body—I do not think we examined the blood marks at all after we had removed the body, not particularly as regarded the blood marks—we did not make an examination as to the blood marks after we removed the body—I do not know whether it is a panelled room—I did not observe whether there was a skirting or moulding round the room, nor did I observe the passage—the room was not panelled where the blood was—I looked round the room, but did not pay particular attention whether it was panelled or not, but where the blood was I know that it was papered.

MR. BODKIN. Q. How long was it after you sent for Mr. Carter before he came? A. About three minutes—I did not put out the candle to try the effect of the light that comes in at the fanlight—when I said that

without the candle I could not have seen the body, that is my opinion—when I saw the body it was lying on its back—the fanlight lights the upper part rather than the floor.

RICHARD SLAUGHTER CARTER . I am a surgeon, residing in Fitzroy-street. On the night of 8th Dec. I was called to No. 73, Warren-street, between half past 8 and 9 o'clock—I found the body of a man lying in the passage on his back—he was quite dead—the head was lying in a pool of blood—the constable, Latto, was in the passage when I got there—the first thing I did was to examine the body to see if there were any wounds—I found three lacerated wounds on the crown of the head—they were three distinct wounds—there was a smaller wound above the right eyelid, through which blood and brains were flowing—there was another small wound on the back of his head—having made this examination, I went into the back parlour to look a candle, for we had but little light—I think there were one or two went with me—I am not quite certain that the policeman did—I think he did—I made an examination of the state of the room at that time, when we found a candle—we found a candle there, and lighted it by the one we had taken into the room—I then observed a broken chair, and splashes of blood on the sofa cover and on the chair cover—they were sprinkled with blood, covered with spots of blood, and there were large splashes of blood on the wall, about the height that the head of a man sitting in a chair would reach—I do not think I traced any blood across the room in any particular direction—I saw the constable pick up this leaden weight from the floor—I looked at it at the time—it had then the broken cane in the lead, exactly as it has now—such an instrument as this would have produced the lacerated wounds which I saw on the crown of the head—I did not notice any blood on the floor of the room—I did not look for it—I afterwards examined the head of Mr. Moore, and found a pistol bullet in the brain—it had entered by the wound above the eyebrow, and passed through the brain—death would have been instantaneous from that wound.

Cross-examined by MR. COLLIER. Q. Do I understand you, that you made your examination, as to the blood marks, entirely before the body was removed? A. Before the body was removed out of the passage—I have described all the places where I noticed blood.

WILLIAM SMITH (policeman, E 16). I produce a key; I found it on the floor of the back parlour of No. 73, Warren-street, about half past 1 o'clock on the night of 8th Dec.—there was an iron safe in the front parlour; the key I found fitted that safe—the safe was locked—there is a door which communicates between the front and back rooms, but it was closed and fastened.

CHARLOTTE BENNETT re-examined. I never saw this cane and this lead in Mr. Moore's possession, or in the house—Mr. Moore usually sat in the back parlour; there was no chair there that he usually sat in more than another, he sat in any—there was an iron safe in the front room—Mr. Moore kept his books and his cash box there—he was in the habit of keeping the key of that safe in his pocket—he paid the men in his employment their wages on Saturday.

Cross-examined. Q. He had a banking account, had he not, and kept a cheque book? A. Yes—I am quite certain that I had never seen this instrument before; I will swear it—I never saw the cane and lead until they were picked up on the night of 8th Dec.—the soda water manufactory was carried on at the back—I was not very often in the habit of going into the manufactory—I do not know what instrument is used in the manufactory for the purpose of beating down the corks of the bottles a wooden

mallet, I think they call it—some heavy instrument is used for the purpose of corking the bottles; I do not know how many kinds of instruments were used for that purpose in the manufactory.

WILLIAM PAGE . On the night of 8th Dec. I picked up a pistol, two inches from the gutter, on the kerb in Bath-place, New-road, about the width of the pavement from the back of Mr. Moore's premises; about two yards from the wall of the premises, which premises front to Warren-street—the body of a wounded man was lying there, in the gutter, at the time—I gave that pistol to inspector Checkley at the station house that same night.

RICHARD CHECKLEY re-examined. I produce the pistol which Page gave me; it had been discharged, the hammer was down, and there was a discharged percussion cap under it; it matches the other pistol, they are pairs—I saw the prisoner that night, about ten minutes after he was brought to the station house—he did not present the least appearance of personal injury.

Cross-examined. Q. Did you examine him for the purpose of ascertaining? A. I did not.

MR. BODKIN. Q. Did he make any complaint? A. He had no outward appearance of any, and he made no complaint.

GUILTY . Aged 32.—Strongly recommended to the merciful consideration of the Court, and Her Most Gracious Majesty the Queen.


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